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Author Archives: whiggs

Contract law series – seminar 2 – Offer and Acceptance

Seminar 2 in the Contract Law Series – Offer and Acceptance. This is a presentation to unversity-level students in Contract Law by Dr William Higgs, Barrister-at-law, Elizabeth Street Chambers, Sydney, Australia. This is teaching material. No warranty is given about the accuracy of the information contained. This presentation is updated from time to time. Seminar […]

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Contract Law Series

Seminar 1 in the Contract Law Series – Introduction to Contract Law. This is a presentation to unversity-level students in Contract Law by Dr William Higgs, Barrister-at-law, Elizabeth Street Chambers, Sydney, Australia. This is teaching material. No warranty is given about the accuracy of the information contained. This presentation is updated from time to time. […]

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res ipsa loquitur?

No thanks I’ve had a glass already. No really…what does it mean ? OK here’s a brief summary. The scope and effect of the principle of res ipsa loquitur have been decisively settled by the High Court: Schellenberg v Tunnel Holdings Pty Ltd (2000) 200 CLR 121. The principle is not a distinct, substantive rule […]

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Deed of release – proper construction

It is common ground that the principles of construction of a Deed of Release flow from the decision of the High Court in Grant v John Grant & Sons Pty Ltd [1954] HCA 23; 91 CLR 112 at 123 ff. (a) [F]irst, the common law requires general words in a release to be construed by […]

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